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09 April 2009 / Finola Moss
Issue: 7364 / Categories: Features , Child law , Family
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A social panacea?

Finola Moss asks whether the Adoption Act 2002 is a step too far

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The Adoption Act 1926 was a response to a pressing social need for child protection and the formalisation of adoption. Legislation introducing the concept of transplanting a child for ever into a new family had been stalled for a long time, because of the abhorrence of the common law to the alienation of a parent's right to their children. An adoption still required a mentally competent parent's consent. Fifty years later, the Adoption Act 1976 allowed an adoption if such consent was being unreasonably withheld.

The Adoption and Children Act 2002 (ACA 2002) would provide expeditious adoptions for children in care with forever families. It placed a child's needs at the centre of the adoption process, aligning adoption law with the welfare principle in the Children Act 1989 (ChA 1989), dispensing with a parent's consent if thought necessary in the child's welfare. The once hallowed, inalienable common law right became silently subsumed and overridden

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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